International Commercial Law
(Deakin University, 2002)
Topic 1 - Introduction to international
commercial law
Topic 2 - International Sale of Goods
Topic 3 - International Carriage of Goods
Topic 4 - International Finance
Topic 5 - Domestic Legislation Governing
International Trade
International Bodies
Other Links
ICL Web site 2001
What
is international law? |
GATT
1947
GATT
1994
World Trade
Organisation (WTO)
United
Nations Convention for the International Sale of Goods (1980)
(Vienna Sales Convention/CISG)
What
is international commercial law? |
UNCITRAL
Model Law on International Commercial Arbitration (Model Law)
United
Nations Convention for the International Sale of Goods (1980)
(Vienna Sales Convention/CISG)
Statute
of the International Court of Justice
International
Court of Justice
The
law of treaties and international commercial law |
Vienna
Convention on the Law of Treaties
Vienna
Convention on the Law of Treaties between States and International
Organisations or between International Organisations (not yet in
force)
The
Australian Treaty Making Information Kit 2000
The
International Law of Treaties
Topic
2 - International Sale of Goods |
|
What
is a contract for the international sale of goods? |
United
Nations Convention for the International Sale of Goods (1980)
(Vienna Sales Convention/CISG)
What
is a contract for the international sale of goods? |
What
is a contract for the international sale of goods? |
What
is a contract for the international sale of goods? |
The law of treaties and international commercial law
Vienna
Convention on the Law of Treaties
International Institutions
United Nations (UN)
World Trade
Organisation (WTO)
World Customs
Organisation (formerly Customs Co-operation Council (CCC))
International
Monetary Fund (IMF)
World Bank
International
Development Association (IDA)
International Finance
Corporation (IFC)
International
Centre for the Settlement of Investment Dispues (ICSID)
United Nations
Conference on Trade and Development (UNCTAD)
Organisation for
Economic Co-operation and Development (OECD)
United
Nations Commission on International Trade Law (UNCITRAL)
World Intellectual
Property Organisation (WIPO)
Food and Agriculture
Organisation
Why is conflict of laws relevant?
Voth
v Manildra Flour Mills Pty Ltd & Anor (1990) 171 CLR 53
Goods
Act 1958 (Vic)
Part
2 - Contracts for the International Sale of Goods |
|
Topic
2 (Concepts of the International Sale of Goods) |
What is a contract for the international sale of goods?
United
Nations Convention for the International Sale of Goods (1980)
(Vienna Sales Convention/CISG)
Incoterms 2000
ICC
International Rules for the Interpretation of Trade Terms
(Incoterms) 1990
ICC International Rules for the Interpretation of Trade Terms
(Incoterms) 2000
Bills of lading
Carriage
of Goods by Sea Regulations 1998 (Cth)
Laws affecting contracts for the international sale of
goods
Vienna
Sales Convention (1980)
Hague Conventions on the Uniform Laws on International Sales 1964
Convention
on the Limitation Period in the International Sale of Goods 1974
UNCITRAL
Convention on International Bills of Exchange and International
Promissory Notes 1988
International
Convention for the Unification of Certain Rules of Law Relating to
Bills of Lading (the Hague Rules 1924)
United
Nations Convention on the Carriage of Goods by Sea (the Hamburg
Rules 1978)
United Nations Convention on International Multimodal Transport of
Goods
ICC
International Rules for the Interpretation of Trade Terms
(Incoterms) 1990
Australian Legislation
Topic
3 (Contracts of Sale under the Vienna Sales Convention) |
Introduction
Vienna
Sales Convention (1980)
Convention
on the Law Applicable to Contracts for the International Sale of
Goods (Hague 1985)
Formation of a Contract
Vienna
Sales Convention (1980) (Articles 14-24)
Performance of the Contract
Vienna
Sales Convention (1980) (Articles 25-88)
Goods
Act 1958 (Vic)
Topic
4 (Contracts for carriage of goods by sea air and land) |
Bills of Lading
Sample Bills of Lading
International
Convention for the Unification of Certain Rules of Law Relating to
Bills of Lading (the Hague Rules 1924)
Protocol
to amend the International Convention for the Unification of Certain
Rules of Law Relating to Bills of Lading (Hague-Visby Rules 1968)
Carriage
of Goods by Sea Act 1991 (Cth)
Carriage
of Goods by Sea Regulations 1998 (Cth)
Carriage of Goods by Sea
International
Convention for the Unification of Certain Rules of Law Relating to
Bills of Lading (the Hague Rules 1924)
Protocol
to amend the International Convention for the Unification of Certain
Rules of Law Relating to Bills of Lading (Hague-Visby Rules 1968)
United
Nations Convention on the Carriage of Goods by Sea (the Hamburg
Rules 1978)
United Nations Convention on International Multimodal Transport of
Goods (Geneva 1980)
Carriage
of Goods by Sea Act 1991 (Cth)
Carriage
of Goods by Sea Regulations 1998 (Cth)
Shipping
Corp of India v Gamlen Chemical Co A/Asia Ltd (1980) 147 CLR 142
Other Shipping Documents
CMI
Rules for Electronic Bills of Lading 1990
CMI
Uniform Rules for Sea Waybills
Carriage of Goods by land
Convention
on Contracts for the International Carriage of Goods by Road (CMR)
Convention
concerning International Carriage of Goods by Rail (COTIF)
Uniform
Rules concerning the Contract for International Carriage of Goods by
Rail (CIM)
Carriage of Goods by air
Civil
Aviation (Carriers' Liability) Act 1959
Warsaw
Convention (Convention for the Unification of Certain Rules
Relating to International Carriage by Air 1929)
The
Hague Protocol to the Warsaw Convention 1955 (Protocol to Amend
the Convention for the Unification of Certain Rules Relating to
International Carriage by Air, Signed at Warsaw on 12 October 1929,
Done at the Hague on 28 September 1955)
Montreal
Protocol 4 - Additional Protocol No. 4 To The Warsaw Convention
(Additional Protocol No. 4 to Amend Convention for the Unification
of Certain Rules Relating to International Carriage By Air Signed At
Warsaw on 12 October 1929, As Amended By the Protocol Done at the
Hague on 28 September 1955, Signed at Montreal on 25 September 1975)
Guadalajara
Convention 1961 (Convention Suppelementary to the Warsaw
Convention for the Unification of Certain Rules Relating to
International Carriage by Air Performed by a Person other than the
Contracting Carrier, Signed in Guadalajara on 18 September 1961)
Guatemala
City Protocol 1971 (Protocol to Amend the Convention for the
Unification of Certain Rules Relating to International Carriage by
Air, Signed at Warsaw on 12 October 1929, as Amended By The Protocol
Done At The Hague on 28 September 1955, Signed at Guatamela City, on
8 March 1971)
Convention
for the Unification of Certain Rules for International Carriage by
Air 1999
Multimodal Transport
UNCTAD/ICC
Rules for Multimodal Transport Documents
Part
3 - The law of international banking and finance |
|
Topic
5 - Bills of exchange and letters of credit in international trade |
Bills
of Exchange Act 1909 (Cth)
Uniform
Law for Bills of Exchange and Promissory Notes 1930 (Geneva
Convention)
UN
Convention on International Bills of Exchange and International
Promissory Notes 1988 (not in force)
ICC
Uniform Rules for Collections - Adherence list
ICC Home Page
Topic
6 - Finance of International Commerce and the Issue of Bonds |
Review of the international banking and finance system
International
Monetary Fund (IMF)
International
Bank for Reconstruction and Development (World Bank)
Asian Agricultural and Development Bank
Convention on the Unification of the Laws relating to Cheques
(Uniform Law on Cheques)
UN
Convention on International Bills of Exchange and International
Promissory Notes 1988 (not in force)
Issue of bonds
Investing
In Bonds . com
From the Bond Market Association
An
Investor's Guide to Bond Basics
From the Bond Market Association - includes sections on 'What are
bonds?', 'Why Invest in Bonds?', and several others
International Monetary Fund
International
Monetary Fund (IMF)
International
Bank for Reconstruction and Development (World Bank)
Part
4 - The GATT and internatioanl trade and commerce |
|
Topic
7 - Selected terms and forms of international trade |
GATT
1947
GATT
1994
GATT
1994 (1999-2000 ed)
Selected terms of international trade
The most favoured nation
GATT
1994
Australia
New Zealand Closer Economic Relations Trade Agreement
European Union
Web Site (Europa)
North
American Free Trade Agreement (NAFTA)
National Treatment
GATT
1994
Preferential Treatment
Australia
New Zealand Closer Economic Relations Trade Agreement
North
American Free Trade Agreement (NAFTA)
Investment
Guide to Xiamen Special Economic Zone (SEZ)
Meaning of non-discrimination in
international trade and commerce
GATT
1994
What is dumping in international trade?
GATT
1994
Wattmaster
Alco v. Button (1985) 69 ALR 455 (8 FCR 471)
What is anti-dumping in international
trade?
GATT
1994
Agreement
on Implementation of Article VI of the GATT 1994 (antidumping)
(pdf format)
What is antitrust in international trade?
Foreign
Proceedings (Excess of Jurisdiction) Act 1984
Foreign
Antitrust Judgments (Restriction of Enforcement) Act 1979
(repealed by
Foreign
Proceedings (Excess of Jurisdiction) Act 1984)
Trade
Practices Act 1974
GATT
1994
Selected forms of international trade and commerce
International licensing contracts and the
like
Paris
Convention for the Protection of Industrial Property
International
Union for the Protection of Industrial Property (Paris Union)
Universal
Copyright Convention 1952
Berne
Convention For teh Protection of Literary and Artistic Works
World
Intellectual Property Organisation Copyright Treaty 1996
Patent
Cooperation Treaty 1970
European
Patent Convention 1973
World Intellectual
Property Organisation (WIPO)
Agreement
Concerning the International Registration of Marks 1891 (Madrid
Agreement)
International construction contracts
GATT
1994
Topic
8 - The GATT, WTO and other International Issues |
World Trade
Law.net
This is a wonderful resource for GATT, WTO etc.
Uraguay
Round Agreements, Understandings, Decisions and Declarations
What is the GATT?
Uraguay
Round Final Act and WTO agreements (all from WTO site - all in PDF
format)
World Trade
Organisation
The main functions of GATT
Structure of GATT
World Trade
Organisation
GATT
1994
WTO
Committee on Trade and Development
Unifying the antidumping policies of the
contracting parties
GATT
1994
Agreement
on Implementation of Article VI of the GATT 1994 (antidumping)
Unifying the rules governing exchange
control
GATT
1994
International
Monetary Fund (IMF)
Developing new areas of international
economic cooperation
Official
Website for the WTO 4th Ministerial Conference, November 2001, Doha,
Qatar
The GATT and the international commodity agreements
International
Commodity Agreements (some background info)
GATT
1994
United Nations
Conference on Trade and Development (UNCTAD)
Australia and the GATT
Australian Export and the GATT
GATT
1994
EU
Association of
South East Asian Nations (ASEAN)
North
American Free Trade Agreement (NAFTA)
Asia Pacific
Economic Cooperation (APEC)
Australian
Constitution
Customs
Act 1901
Control of Imports
Excise
Act 1901
Excise
Tariff Act 1921
Customs
Tariff Act 1995
Customs
Tariffs (Anti-Dumping Act) 1975
Customs
Administration Act 1986
Customs
Securities (Penalties) Act 1981
Customs
Tariff (New Zealand Preference) Agreement Act 1933 (repealed by
http://www.austlii.edu.au/au/legis/cth/num_act/ceablaa1995482/)
Control of Exports
Export
Control Act 1982
Export
Expansion Grants Act 1978
Export
Finance and Insurance Corporation Act 1991
Export
Inspection Charge Collection Act 1985
Export
Market Development Grants Act 1997
Customs
(Prohibited Exports) Regulations
Australia New Zealand Closer Economic
Relations - Trade Agreement
Australia
New Zealand Closer Economic Relations Trade Agreement
GATT
1994
Antitrust and the TPA 1974
Trade
Practices Act 1974
Trade
Practices Act 1974, section 5
The GATT and the EU
What is the EU?
European
Union
European
Parliament
Council of
the European Union
European
Commission
European
Court of Justice
Court of Auditors
Economic and
Social Committee
Part
5 - Foreign investment and international commercial law |
|
Topic
9 - Selected Issues of Foreign Investment Law |
International Legal Framework for Foreign Investment
Organisation for
Economic Co-operation and Development (OECD)
International Labour
Organisation (ILO)
United
Nations Economic and Social Council (UNECOSCO)
International
Chamber of Commerce (ICC)
OECD
Declaration and Decision on International Investment and
Multinational Enterprises
TRIMS
Agreement (direct link to PDF file)
International
Court of Justice
Topic
10 - Foreign Investment Law in selected countries |
Foreign Investment Law in Australia
Foreign
Acquisitions and Takeovers Act 1975 (Cth)
Foreign
Acquisitions and Takeovers Regulations 1989
Foreign
Investment Review Board (FIRB)
Press
Release - Foreign Investment Policy Changes [03/09/1999]
Foreign Investment Law in China
Legal Framework
China
Ministry of Foreign Trade and Economic Cooperation (MOFTEC)
Foreign
Investment Laws & Regulations (from MOFTEC)
Chinese
Laws and Regulations on Foreign Investment
PRC
Law Explained
Includes some articles relating to Chinese Foreign Investment Law at
ChinaLawWeb
Provisions
of the State Council on the Encouragement of Foreign Investment 1986
Establishment of a joint equity venture
Law
of the People's Republic of China on Chinese-Foreign Equity Joint
Ventures
Regulations
For the Implentation of the Law of the People's Republic of China on
Chinese-Foreign Equity Joint Ventures
Establishment of a cooperative venture
Law
of the People's Republic of China on Chinese-Foreign Contractual
Joint Ventures
Detailed
Rules on the Implementation of the Law of People's Republic of China
on Sino-Foreign Joint Cooperative Ventures
Advantages
of the Cooperative Joint Venture Structure
By Charles D Paglee at China Law Web
Law
of the People's Republic of China on Foreign-Capital Enterprises
Rules
for the Implementation of the Law of the People's Republic of China
on Foreign-Capital Enterprises
Establishment of a solely foreign owned
venture
Wholly
Foreign Owned Enterprise Law of the People's Republic of China
At Chinalaw Web
Special zones and the foreign investment
power of local governments
Investment
Guide to Xiamen Special Economic Zone (SEZ)
Includes sections on the Investment climate, Investment Procedure,
Investment Orientation and Investment Policy
Tianjin
Economic Technological Development Area (TEDA) (overview)
Tianjin
Investment Guide
Sections on Invesetment Environment, Special Open Areas
(Economic-Technological Development Area, Port Free Trade Zone,
High-Tech Industry Park, and other Sub-development Areas), Forms of
Investment, Favorable Terms for Investment and Relative Fees,
Investment Procedures, Laws and Regulations and Administrative
Organisations
Part
6 - Settlement of international commercial disputes |
|
Topic
11 (International commercial dispute resolution: Litigation and
conflict of laws) |
What are international commercial disputes?
UNCITRAL
Model Law on International Commercial Arbitration (Model Law)
Defining the Means of Dispute Resolution
Foreign
States Immunities Act 1985 (Cth)
Convention
on the Settlement of Investment Disputes between States and
Nationals of Other States (ICSID Convention)
International
Centre for the Settlement of Investment Disputes (ICSID)
International
Arbitration Act 1974 (Cth)
Agreement
Between the Government of Australia and the Government of the
Republic of Indonesia concerning the Promotion and Protection of
Investments
UNCITRAL
Conciliation Rules 1980
UNCITRAL
Model Law on International Commercial Arbitration 1985
Foreign
Judgments Act 1991 (Cth)
Domestic courts and international commercial litigation
Con-Stan
Industries of Australia Pty Ltd v Norwich Winterthur Insurance
(Australia) Ltd (1986) 64 ALR 481 (High Court)
Voth
v Manildra Flour Mills Pty Ltd & Anor (1990) 171 CLR 53
Introduction to Conflict of Laws
Lugano
Convention on jurisdiction and the enforcement of judgments in civil
and commercial matters
Food and Agriculture
Organisation
International
Centre for the Settlement of Investment Dispues (ICSID)
International
Chamber of Commerce (ICC)
International
Development Association (IDA)
International Finance
Corporation (IFC)
International
Monetary Fund (IMF)
Organisation for
Economic Co-operation and Development (OECD)
United Nations (UN)
UN International
Law Page
United
Nations Commission on International Trade Law (UNCITRAL)
United Nations
Conference on Trade and Development (UNCTAD)
UNIDROIT
(International Institute for the Unification of Private Law
World Bank
World Customs
Organisation (formerly Customs Co-operation Council (CCC))
World Intellectual
Property Organisation (WIPO)
World Trade
Organisation (WTO)
Lex
Mercatoria Home Page
Deakin
Law School International Law Links
Deakin
Law School Treaty Links
Pace
University UN Convention for the International Sale of Goods
Annotated text of the CISG (Guides to each article, cases
interpreting each article, legislative history of each article,
scholarly writing on each article), cases on the CISG (over 500
general search or by country), CISG Treaty Texts and Information
(texts in different languages, identification of contracting sites,
texts of ULIS and ULF), scholarly materials on the CISG (Introduction
to the CISG, UNCITRAL outline of issues, bibliography of the CISG,
full texts of writings on the CISG), more on the CISG (new features of
this database, links to other international trade databases, search
multiple websites simultaneously), the Pace Institute and CISG events
(goals and collegues of the Institute, the Pace Arbitration moot on
the CISG, the Pace essay competition on the CISG)
Australian
Treaties Library (Department of Foreign Affairs and Trade /
AustLII)
Treaties
and International Agreements Links (AustLII)
International
Trade Instruments, Treaties, Conventions, Model Laws, Rules: A
Reverse Chronological list
WTO/GATT
Research
Article by Jeanne Rehberg (15 October 1999) at LLRX - very useful
article
Return to
Julie Brebner's home page
Go
to Deakin Legal Research Website
|